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(영문) 대구지방법원 서부지원 2017.03.30 2016고합225 (1)

성폭력범죄의처벌등에관한특례법위반(13세미만미성년자강제추행)

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A defendant shall be punished by imprisonment for three years.

However, the execution of the above sentence shall be suspended for a period of five years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant is appointed as an elementary school teacher on May 2, 1992. On March 1, 2016, the Defendant was enrolled in G elementary school located in Daegu-gu, Daegu-gu, and was employed as a teacher in the fourth-year class group thereafter. The victim H (Age 9) and the victim I (Age 9) are students in the fourth-year group of G elementary school.

A. On July 22, 2016, at around 12:00, the Defendant instructed the victim H and the above I to “absing to move books” and sent the victim and I to the seat of the victim and I, and then, the Defendant was seated over the Defendant’s knee knee, knee of the victim by putting the victim into the victim, and was under the part of the victim’s knee and under the part of the victim’s panty, and the Defendant kne up up to the panty.

Accordingly, the defendant forced the victim under 13 years of age to commit an indecent act.

B. On August 12, 2016, the Defendant: (a) around 11:20, at the fourth-year class class class of the above G G elementary school, she knee of the Defendant, and she sits above knee of the Defendant; (b) on his own hand, she was suffering from the victim’s negative part; (c) she was knee of the victim’s knee; (d) putting the victim’s negative part into the victim’s back to the victim’s back to the victim’s back to the victim’s back to the panty; and (e) she was flue of the victim’s back to the victim’s back to the victim’s back to the victim’s back to the panty.

Then, the defendant was the victim's "I have come to know what he had inside, and I have so." The defendant was the victim's part of the victim by inserting his hand with Titts of the victim.

Accordingly, the defendant forced the victim under 13 years of age to commit an indecent act.

Summary of Evidence

1. Statement of the defendant in the first trial record;

1. Statement made by the police to J or K;

1. Application of Acts and subordinate statutes to report internal investigation (the 11,44,147 on a net basis);

1. The criminal facts of the pertinent provision of the Act on the Protection of Children and Juveniles against Sexual Abuse and Article 18 and Article 7(3) of the Act on the Protection of Children and Juveniles against Sexual Abuse do not apply to the compulsory indecent conduct against minors under the age of 13.